The opinion in support of the decision being
entered today is not binding precedent of the Board.
Paper No. 13
Filed by: Trial Section Motions Panel
Box Interference Filed: October 24, 2002
Washington, D.C. 20231
Tel: 703-308-9797
Fax: 703-305-0942
UNITED STATES PATENT AND TRADEMARK OFFIC FAXED
OCT 2 4 2002
BEFORE THE BOARD OF PATENT APPEALS PAT. & T.M. OFFICE
BOARD OF PATENT APPEALS
AND INTERFERENCES AND INTERFERENCES
MARK I. GREENE AND JEFFREY A. DREBIN
Junior Party,
(U.S. Application 09/158,899)
V.
ROBERT M. HUDZIAK, MICHAEL SHEPARD, AXEL ULLRICH,
AND BRIAN M. FENDLY
Senior Party
(U.S. Patent 6,165,464).
Patent Interference No. 105,021 (MPT)
TERMINATION
On August 12, 2002, an interference was declared between Greene, U.S. Application No.
09/158,899 (Greene '899) and Hudziak, U.S. Patent No. 6,165,464 (Hudziak '464). (Interference
No. 105,02 1). Similarly, an interference was declared on August 12, 2002 between Greene, U.S.
Application No. 09/158,899 (Greene '899) and Ring, U.S. Patent No. 6,054,561 (Ring '561).
(Interference No. 105,022).
Chiron is the real party in interest in Ring '561. (Interference No. 105,022, Paper No.
10). While the assignee of Greene '899 is the Trustees of the University of Pennsylvania,
Genentech is an exclusive licensee of Greene '899 and is said to be the real party in interest.
(Interference No. 105,02 1, Paper No. 4). Furthermore, Genentech is the real party in interest in
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